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HomeMy WebLinkAbout02-21-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's: Information Name; Murtha L: Warner a/k/a: Martha Louise Warner a/k/a: a/k/a: Date of Death: 02-142012 File Nos ~'' ' IC: L~ (Assigned by Register) Social Security No: 211-1&1230 Age at death: 84 Decedent was domiciled at death in Cumberland County, .P~L.Sylvan;a (stare) with his/her last principal residence at 17 Pheasant Street. Moc1>ancisburQ_ S~Iver Snrins Twn.. Cumberland County Street address, lost Oma and 7~- Cede City, Township or Boroarh Cesusty Decedent died at I~oly Spirit osnitaL S03 N 21st Street. Came Hill Cumberland County PA Street address, Post OClloe and 7~- Code Cky, Tows or BeroagY Ces~ty State Estimate of value of decedent's property at death: Ij~ae ~ bra ............................ Au personal property $ 83.000.00 ~~ doariailesi iu Pe~ussylrwwia ........................ Personal property in Pemisylvania $ ' Ijwof ratr i>t Psrrw.rylviwria ........................Personal pr~gped. j~ in County $ Vabrs of gas/ stets ~ Pewnsylvania ......................................................... $_ 2R()'Q(1[~ TOTAL ESTIMATED VALiJE.... $ ~ 363,000.00 Real estate in Pepnsylvania situated at: 17 Pheasant St., Mechanicsbur¢ 17050 Silver Spring TwD. Ctm~berland (Attach additonol sheets, if sary.) Strut address, Post OISce a>td TJp Code CHy, Towsnh~ or Berooah Ceaaty /!G Lind~er> ~ r~ Ga' mp /~'l/ ~u~Rl~i Tc~p , ~nl~i-lajgr m A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated February 25, 2010 and ~~(s) thereto dated State rekvaet dreamdaces (ag rewwu~ntias, atasrh of execwor, dal Excel as follows: after the execution ofthe inks) offered forprobate Decedent didnot marry,was not divorced, was not apartyto apending divorce prooooding wherein the grounds for divamce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child barn or adopted; and Decedent wsa neither the victim of a killin8 nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS Q EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (lf appflcable) at.a., d.b.n., d.b.n.c.t.a.> ~ndente life, durante absents, drvante nrtnoritate If Admhsistntion, Gta or db~.n.Gta, enter date of Will in Section A above and complete fist of heirs. Except as follows: Dtecedem was not a party to a pending divorce proceedrng&~ud~~~ in the grounds for divorce had bcea established as deSned in 23 Pa C.S. ~ 3323(8) and was wither the victim of a killing nor ever ffi incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS Petitionet(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach additional sheets, :jnecessary): c~ ~ Name Retatioashi Addre 'v't W ~~ N r'~ ra 10 t ,. tie' ForniRW-02 rev.1Q/I!/20I1 Page 1 Oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } otHcisl use ottty Q ~ ~ tw ~ ~ ~; Petitioner(s) Printed Name Petitioner(s) Printed Address ~, ""~ ' Michael Warner 101 Penns Run R Mechanicsb PA 17050 '7 ~ ~ ~~,~ ....~ t •' The Petitioner(s) above-named swear(s) or atom(s) the statements in the foregoing Petition are true and correct to the beat of the ltnowledge and belief of Petitioner(s) and that, as Personal Repr+eae.ntative(s) of the Decedent, the ~'etitioner(s) will well and holy administer the estate ~oording m law. sworn to bseribed fore ~~.~ ~ (,~-o.,~nw Date a i ~a me aa. ~~ - Date ~: F R~Ster - _ Date BOND Regaired:~'~~YRS ~ NO FEES: - 2 J ~cG ~ aD Letters ...................... $ ( ~ )Short Certificate(s)...... b ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ C ommiasion ................. . Other ...... Automation Fee ............... 0 JCS Fee . .................... 00 TOTAL ..................... $ To the Register of Wi/ls: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Supreme Court ID Number: Firm Name: Address: /,fib DECREE OF THE REGISTER Estate of a/k/a: sati ry proo vutg presen D tt~t rta„e are hereby granted to Michael R. Warner in the above emote and (if aplilicable) that the instrtm~ent(s) dated Febntarv 25.2010 _ ~. described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ Register of Wills FileNo• ~~' ~~-~~~ AND NOW, I'e Dru ~ rU ~ , ~~ in consid~ticln of the foregoing Petition, sfacto f ha ' been before me IT IS ECREED that Letters Forst RW-02 rev. 10/11/2011 `~ Pasie 2 ~' LAST WILL AND TESTAMENT ~ w ~ ~ n OF v3~ r`v r.,-i :x, = = oc MARTHA L. WARNER ~ ~' ~: .~' , , ;~ ~' I, MARTHA L. WARNER, now of 1? Pheasant Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, do publish and declaze this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIItST: Famil~Background and Appointment of Ezecutor. (A) F~mi~ and Background Information. I am married to JAMES E. WARNER The children of our marriage aze MICHAEL R. WARNER and JAMES T. WARNER. Throughout this Will, JAMES E. WARNER will be referred to as "my husband" or "my spouse", and MICHAEL R WARNER and JAMES T. WARNER will be referred to as "my children" or "my sons". The term "issue" will refer to my children as well as my other descendants. (B) ¢unointment of Ezecutor. I appoint as my Executor and Successor Executrix (all hereinafter referred to as Executor) under this Will, the following named persons to serve without bond and without being required to account to any court: Ezecutor: My son, MICHAEL R WARNER Successor Ezecutriz: My daughter-in-law, RENEE E. WARNER (C) Inter Vivos Tract. The inter vivos trust agreement referred to in this Will is entitled "THE MARTHA L. WARNER FAMII~Y REVOCABLE TRUST;' dated April 17, 1997, by and between MARTHA L. WARNER, as Settlor, and MARTHA L. WARNER, as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Ezpenses: Tazes. (A) ~n~enses of Funeral and Last Illness. Notwithstanding that my husband, JAMES E. WARNER, survives me, I direct my Executor to pay my funeral expenses (regardless of amount) and the expenses of my last illness from my estate. In addition, my Executor may notify the Trustee of the Trust described in Pazagraph FIRST (C) of any such expenses and my Executor may accept reimbursement from such Trustee. LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 2 (B) Taws. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or chazged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or chazged against any property passing or which may have passed to any of them, I direct .that any taxes so paid shall be chazged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or aze actually paid or reimbursed, by the Trustee of the Trust described in Pazagraph FIRST {C), above. 1'HIItD: Tan~lible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similaz articles, which I own, and the insurance thereon, to my husband, JAMES E. WARNER, if he survives me. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If my husband, JAMES E. WARNER, does not survive me, I leave such tangible personal property to my children, MICHAEL IL WARNER and JAMES T. WARNER, per stirpes, to be divided among them as they may select in as neazly equal shazes as is practical. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my children may be distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguazd on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and. ~~ LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 3 such Letter of Instruction shall determine the distribution of such items. FOURTH: Reaidnarv Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee(s) of the Trust described in Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Ezecntor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate; except that, in lieu of any binding shareholder agreement or buy/sell agreement to the contrary, the Executor shall not be permitted to sell the stock or any other ownership interest in any business owned by me, or held in trust, at my death, without first offering the same for sale to my children, or without next offering the same to the corporation or business represented by such ownership interest for redemption. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries, except that the Executor may not invest in any securities LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 4 issued by the corporate Executor, or issued by a pazent or affiliate company of such Executor. (3) To retain for investment any property deposited with the Executor hereunder; except that the Executor may not retain for investment any stock in the corporate Executor, or in a pazent or affiliate company of such Executor. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regazd to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (~ To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. ' (~ To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (~ To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regazd to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable caze. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, ~~~~ ~~ LAST WILL AND TESTAMENT OF MARTHA L. WARNER r PAGE 5 but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) yeazs of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) yeazs of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) yeazs of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (G7 In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guazdian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guazdian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into sepazate trusts or shazes, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regazdless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shazes. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I or my spouse may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me or my spouse during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 6 or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to chazge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair mazket value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regulazly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who aze then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (n Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers aze to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rig~tits and Liabilities of Ezecutor. LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 7 (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C7 Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily chazges for performing similaz services during the time which he/she performs the services. SEVENTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or chazged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. EIGHTH: Taz Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (G'~ The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax _~~~~ LAST WILL AND TESTAMENT OF MARTHA L. WARNER PAGE 8 return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions aze taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. NINTH: Definitions and General Provisions. (A) nrvivaL Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof aze for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who aze legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural pazents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his pazent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a power of appointment, in making a distribution to the children of any person, the property to be distributed shall be divided into as many shares as there aze living children of the person and deceased children of the person who left children who aze then living. Each living child shall take one shaze and the share of . each deceased child shall be divided among his then-living descendants in the same manner. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers aze to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singulaz or the plural includes the other. (I~ Powers of Appointment are Ezercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of LAST WII.L AND TESTAMENT MARTHA L. WARNER PAGE 9 appointment which I possess under the Trust described in Pazagraph FIRST (C), above. IN WITNESS WHEREOF, I, MARTHA L. WARNER, the Testatrix, have to this my Last Will and Testament, typewritten on (10) pages, including the Acknowledgment and Affidavit, set my hand and seal this ay of February, 2010. d~ c.~' ` (..~ MARTHA L. WARNER Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declazes that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and nine (9) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. siding at ~~~-~° ~:~~Gv~'°~ C~ residing at _~~ ~ ~ ®~ -~ (print name) (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~~ SS: The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testatrix Witness rtnes Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this ~~- day of February, 2010. COMMONWEALTH OF PENNSYLVANIA Notarial seal Ted L. WaYc~ar,,,,N~,o~t~ary Pubic f1 E~ires.~n. Member, Pennsylvania Association of troffides ,,: - ~ ,,: .- Public ~ ' ¢, ~ ~' Commission Expires: ~ ' .~ t"" r, { r,_ ~~?